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ADDENDUM TO THE CANNERY PARK ENVIRONMENTAL IMPACT REPORT (SCH #2003042022), GENERAL PLAN LAND USE MAP AMENDMENT, REZONE, DEVELOPMENT AGREEMENT AMENDMENT, AND A TENTATIVE SUBDIVISION MAP FOR PREVIOUSLY APPROVED CANNERY PARK DEVELOPMENT PROJECT LOCATED ON MULTIPLE PARCELS AT 3827 PFC JESSE MIZENER STREET (APNs 122-020-32, -33, -38 and -60) (P21-0435)
recommended action
RECOMMENDATION
Staff recommends the Planning Commission adopt:
1. A Resolution recommending the City Council certify an Addendum that determines no further environmental review is required for the proposed amendments to the previously approved Cannery Park Development Project and proposed tentative subdivision map per the California Environmental Quality Act (CEQA) pursuant to Section 15164 (Addendum to an EIR or Negative Declarations) or Title 14 of the California Code of Regulations (State CEQA Guidelines); and
2. A Resolution recommending the City Council approve a General Plan Land use Map Amendment; and
3. A Resolution recommending the City Council adopt an Ordinance approving a Rezone; and
4. A Resolution recommending the City Council adopt an Ordinance approving a Development Agreement amendment for the Cannery Park Project; and
5. A Resolution approving a Tentative Map, subject to conditions.
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Summary
In 2004, the City approved the Cannery Park Cannery Park Mixed Use Project which consisted of an Environmental Impact Report, General Plan Amendment, Eight Mile Road Specific Plan Amendment, Annexation, Prezoning Development Agreement, and a Small and Large lot Tentative Map. These entitlements permitted Holman Investors, LLC, (“Applicant”) to construct a mixed-use development on a 448-acre site planned for industrial, commercial retail and office, parks, schools, 1,100 single family and 210 multi-family residential units. (Attachment A - Location Map & Aerial Photo). Since the original Project approval, progress has been made to construct the single-family units; however, the industrial, retail, and office zone areas of the Project remain undeveloped.
Citing a change in the retail and office economic markets and the State’s current housing crisis, the Applicant is requesting a General Plan Amendment, Rezone, Development Agreement Amendment (time extension of 10 years), and a Tentative Map to convert a 99.87-acre portion of the existing Cannery Park mixed use Project’s commercially zoned areas into 331 additional single family homes and to relocate approximately 12-acres of designated high-density residential zoned area adjacent to the commercial area north of Bear Creek. The proposed Tentative Map also includes retention of 16 commercial lots, a 3.34-acre detention basin, and a new ±4-acre neighborhood park. The Project as designed and conditioned complies with applicable development standards within the City’s General Plan, Stockton Municipal Code (SMC), and Design Guidelines.
To develop the project, the Planning Commission is asked to consider resolutions recommending the City Council certify the proposed Addendum to the Cannery Park Development Environmental Impact Report, the General Plan Land Use Map Amendment, Rezone, and Development Agreement (DA) Amendment, and a Resolution to approve a Tentative Map, subject to conditions. The Tentative Map approval is contingent on Council’s approval of the associated entitlements recommended by the Planning Commission.
DISCUSSION
Background
Cannery Park, as approved by the Council on September 14, 2004, is a 448-acre site planned for mixed land use development. The mixed land use includes industrial, commercial retail, office, parks, schools, 1,100 single family and 210 multi-family residential units. An EIR for the Cannery Park Development was certified by the Council to approve the overall project. Since the original approval, minor amendments to the original Project have been approved. These included revised access to terminate a local street at the rail lines, the first amendment to the DA to clarify development phasing, and an Improvement/Development Plan to provide flexibility for the Applicant to develop the Project in logical phases with required construction of infrastructure improvements. The Phasing Plan established five Sub-Areas for development phasing identified as A, B, C, D, and E (See Attachment B - Phasing Plan Sub-Areas). While the entire project is included in this review, the General Plan and Zoning Amendments and the Tentative Map only involve the 99.87 acres identified as Sub-Area D (proposed commercial and high-density site) and Sub-Area E (proposed single family and new neighborhood park site).
Present Situation
The project Sub-Areas D and E consist of four (4) parcels identified as Assessor’s Parcel Numbers (APN’s) 122-020-32, -33, -38, and -60 which are in the northeast corner of the City of Stockton, southeast of the intersection of Eight Mile Road and Holman Road The site is bounded to the:
• North: Eight Mile Road and a variety of land uses within the San Joaquin County jurisdiction; including a billboard sign on a parcel zoned C-FS (Freeway Service Commercial), residences and a church on parcels zoned AL-5 (Limited Agriculture).
• East: 99 Frontage Road and State Route 99.
• South: single-family residences zoned RL (Residential, Low) and residential parcels within the San Joaquin County jurisdiction, zoned AU-20 (Agriculture-Urban Reserve).
• West: Holman Road, existing industrial businesses zoned IL (Industrial, Limited) and single-family residences zoned RL (Residential, Low).
Citing a change in the retail and office economic markets and the State’s current housing crisis, the Applicant is requesting a General Plan Amendment, Rezone, Development Agreement Amendment (time extension of 10 years), and a Tentative Map to convert a 99.87 acre portion of the existing Cannery Park mixed use Project’s commercially zoned areas into 331 additional single family homes and to relocate approximately 12-acres of high-density residential zoned areas adjacent to the commercial areas fronting Eight Mile Road.
The project site is currently designated by the Envision Stockton 2040 General Plan as Commercial for 88.61 acres and High Density Residential for 11.27 acres. The proposed General Plan Amendment requests to re-designate the land uses of the subject parcels to Commercial for 19.76 acres, Low Density Residential for 67.78 acres and High Density Residential for 12.34 acres. To align with the proposed General Plan land use map amendments, a rezone proposes to convert 88.61 acres of CG (Commercial, General) zoning and 11.27 acres of RH (Residential, High Density) zoning into 19.76 acres of CG, 12.34 acres of RH north of Bear Creek, and 67.78 acres of RL (Residential, Low Density) south of Bear Creek.
The proposed Project consists of a Tentative Map to subdivide four parcels (122-020-32, -33, -38 and -60) totaling 99.87 acres into 350 total parcels that would include 16 commercial lots adjacent to Eight Mile Road, 331 single-family residential lots, an approximate 12.34 acre multi-family residential lot, a 4-acre neighborhood park, a 3.34-acre detention basin, and new local public streets for access to the proposed residential lots. The industrial areas of the original approval will remain unchanged while development of the revised commercial and residential areas will still require design review approval prior to construction.
STAFF ANALYSIS
The Project as designed and conditioned complies with applicable development standards within the City’s General Plan, Stockton Municipal Code (SMC), and Design Guidelines. To develop the project, the Planning Commission is asked to consider a resolution recommending the City Council certify the proposed EIR addendum, the General Plan Land Use Map Amendment, Rezone, and DA Amendment, and a Resolution to approve approval of a Tentative Map, subject to conditions. Development of the Tentative Map is contingent on Council approval of the associated entitlements.
Environmental Clearance
In 2004, an Environmental Impact Report (EIR) was certified by the City Council (SCH # 2003042022), for the original Cannery Park Development Project. As the proposed Project amends a portion of the project area contained in the original EIR , an addendum to the original EIR was prepared in accordance with the California Environmental Quality Act (CEQA) State Guidelines Section 15164 (Proposed Resolution EIR Addendum - Exhibit-1). The addendum analyzes the conversion of the specified commercial areas to single family residential use and concludes that the proposal does not result in substantial changes or create new significant environmental effects beyond what was anticipated in the original EIR. Due to the General Plan Amendment, the Project was also circulated to the state and regional tribal representatives in accordance with Senate Bill 18 (SB 18) with no additional mitigation measures proposed by the groups contacted. Since the addendum and outreach concluded that no new significant environmental effects or mitigation measures where needed beyond the existing EIR for the Project area, no further environmental analysis is required pursuant to Section 15164 (Addendum to an EIR or Negative Declarations) or Title 14 of the California Code of Regulations (State CEQA Guidelines). All existing mitigation measures will be implemented for future development of the Project site.
General Plan Amendment (Land Use Map)
The project site is currently designated by the Envision Stockton 2040 General Plan as Commercial for 88.61 acres and High Density Residential for 11.27 acres. The proposed General Plan Amendment requests to re-designate the land uses of the subject parcels to Commercial for 19.76 acres, Low Density Residential for 67.78 acres and High Density Residential for 12.34 acres. (Proposed Resolution General Plan Amendment Exhibit 1). Citing a change in the retail and office economic markets and the State’s current housing crisis, the Applicant has indicated the proposed changes are needed to complete the project and will provide additional housing options for current and future Stockton residents. New housing and the development of vacant properties complies with complies with the General Plan policies:
-LU-6.2: Prioritize development and redevelopment of vacant, underutilized, and blighted infill area.
-HE-2: Provide a range of housing types, densities, designs, and meet existing and projected housing needs for all economic segments of Stockton.
The proposed commercial parcels north of Bear Creek are consistent with the Commercial designation on the General Plan Land Use Map and will continue to provide future retail and office options for the City and surrounding area. The proposed High-Density parcel maintains a similar size which would result in a similar unit yield for a future high density residential project. The new low density residential land use area will provide more housing options and develop various infill sites that have remained vacant for some time. A new ±4-acre neighborhood park is required per SMC section 16.72.060 and will serve the surrounding area. Although two of the original parks planned for the Cannery Park Project are part of the City’s Capital Improvement Plan (CIP) project list, due to funding shortages they remain undeveloped. To avoid adding a third undeveloped park, the Applicant has agreed to construct the neighborhood park as part of the proposed DA amendment and Tentative Map conditions of approval.
As the proposed project would still provide options for commercial and residential uses and propose to construct a new park for the area, the proposed Project is consistent with the General Plan policies.
Rezone
The Zoning Map designation for the proposed Project site is CG (Commercial, General) and RH (Residential, High Density). To align with the proposed General Plan land use map amendments, a rezone proposes to convert 88.61 acres of CG (Commercial, General) zoning and 11.27 acres of RH (Residential, High Density) zoning into 19.76 acres of CG, 12.34 acres of RH north of Bear Creek, and 67.78 acres of RL (Residential, Low Density) south of Bear Creek. The proposed Rezone Ordinance Exhibit 3.a, illustrates the existing and proposed Zoning Map amendment. The Project areas are surrounded by existing and current ongoing development that would be physically suitable to accommodate the requested amendment, is needed to comply with the General Plan amendment request and complies with City standards.
Development Agreement Amendment
As part of the original Cannery Park mixed use approval, the City Council approved a Development Agreement (DA 2-03) to vest Project approvals to allow the developers time to construction the needed infrastructure and land uses. The Cannery Park Development Agreement (DA 2-03) was for a term of twenty years expiring on October 14, 2024. The DA’s first amendment was approved in 2006 to clarify the phasing of construction and align the Conditions of Approval with defined phasing Sub-Areas (Attachment C - DA and 1st Amendment).
The proposed DA Amendment is the second amendment to the original DA and would extend the agreement an additional 10 years, expiring on October 14, 2034 (Proposed Resolution DA Amendment Exhibit 1, Ordinance). The Applicant has indicated the completion of the original Project by the term specified in the DA was delayed due to the economic crisis from 2008-2017 and changes to the commercial and office economic markets. As described above, since two of the original parks planned for the area have been delayed due to City funding shortages, the Applicant has agreed to construct the neighborhood park as part of the project approvals. This is to avoid adding a third undeveloped park for the Cannery Park community. Typically, projects are required to dedicate land for parks, pay impact fees (i.e., Public Facilities Fees) for the City to construct the public park, and annex into a financing district to ensure funding for future maintenance of the parks. While the dedication and annexation for maintenance will still occur, the Applicant has agreed to construct the park as a public benefit to the City in consideration for the City approving the Project.
Since the proposed project will provide commercial and residential opportunities, require the installation of needed infrastructure (i.e., streets, bridge), and will result in the construction of a needed park in the Cannery Park Project area, the DA amendment complies with City standards and provides community benefit upon its completion.
Tentative Map
The proposed Project consists of a Tentative Map to subdivide four parcels (122-020-32, -33, -38 and -60) totaling 99.87 acres into 350 total parcels that would include 16 commercial lots adjacent to Eight Mile Road, 331 single-family residential lots, an approximate 12.34 acre multi-family residential lot, a 4-acre neighborhood park, a 3.34-acre detention basin, and new local public streets for access to the proposed residential lots. Two parcels will be created that provide approximately eight acres of open space including a neighborhood park, extension of the bike trail along Bear Creek, and a drainage basin (Proposed Tentative Map Resolution Exhibit 1). The applicant will also be required to construct a Class 1 bike path to connect the levee bike trail along Bear Creek, across the project site. This is reflected in conditions of approval in the attached proposed Tentative Map resolution Exhibit 2.
The proposed project will install on-site and off-site improvements, including public streets, sidewalks, curbs, gutters, sidewalk, landscaping, and street lighting. All proposed utilities (e.g., water, sewer, storm drainage) will be extended to the subject site from the existing subdivision to the southwest and comply with the City’s Standard Plans and Specifications.
The subdivision design, lotting size, access, and park are consistent with the General Plan density requirements, parkland dedication, and roadway width.
While the proposed residential lots will have space to accommodate the required parking (i.e., garage and guest), a subsequent Design Review permit approval will be required before construction of the new homes can begin. The home builder would be required to apply for Design Review for the proposed residential models, which would be reviewed by the City’s Architectural Review Committee, who would provide a recommendation to the Director, per SMC Section 16.120.040(C)(3). Design and Site Plan review will also be required for the High Density Residential and commercial areas prior to construction of any new structures.
Development Review Committee
Per SMC section 16.212.050, the Development Review Committee (DRC) is required to review the proposed DA and Tentative Map and forward a recommendation to the Community Development Director (hereafter “Director”). On January 10, 2024, the DRC reviewed the project merits and continued the items to a date uncertain to allow for staff to address questions on the Conditions of Approval and DA amendment. On January 29, 2024, the DRC reconvened over the project and recommended approval of the project to the Director.
Neighborhood Meeting
A neighborhood meeting was held by the applicant on January 17, 2024, at Micke Grove Park Auditorium at 11793 Micke Grove Road, Lodi, CA 95240 (Attachment D - Neighborhood Meeting Notice). The meeting was held from 5:30pm-7:00pm and was attended by the applicant, staff, and two members of the public. Questions raised by the members of the public included the timing of construction for the undeveloped parks in the Project area, questions on the subdivision, with one attendee expressing a desire to keep the proposed project area undeveloped for natural wildlife.
Public Comments
Notice for the Planning Commission public hearing for this request was published in The Record on January 29, 2024, and mailed notice was sent to all property owners within a 300-foot radius at least ten (10) days prior. As of the writing of this staff report, no written comments have been submitted.
Attachment A - Location Map & Aerial Photo
Attachment B - Phasing Plan Sub-Areas
Attachment C - Cannery DA and 1st Amendment
Attachment D - Neighborhood Meeting Notice
This staff report was prepared by Anson Lihosit, AICP, Project Planner; anson.lihosit@stocktonca.gov.